The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-11
by Authority
T; A RESOLUTION
Granting a Franchise to, aud Authorizing
the Mayor and Recorder of Salt Ipke
City to Sign q Contract NTH the
Salt Lake d Fort Douglas
RdilWdu Company.

the mayor ana hecOTueT " E9utt LttHo
City to Sign q Contract with the
Salt Lake d Fort Douglas
RaiEway Company.
DE 1T RESOLVED BY THE CITY
ID Council of Salt Lake City, That
the Salt Lake q Fort Douglas Railway
Company, its successors and assigns,
have perpetual right of way, over and
along the following described land and
| premises, to construct, maintain, ana
operate two or three rallied steam rail-
way from q point commencing on the
| west bank of said canal, about thirteen
| l3) rods east, and seveDty-tw0 az
rods south of the northwest corner OF
the northeast quarter of section eight(8),
township one ~, south range one ~,
east Salt Lake meridian in Salt Lake
| County, Utah Territory, and running
thence southerlv on and over the right
of way of said canal, and on the west
erly smbankment thereof, through the
east half 90 of section seventeen az
said township and range, and thence
along said canal into the northeast
quarter of section twenty COY of said
township and range to a point about
one thousand (l,000) feet south OF the
penitentiary road, on the terms and
conditions contained in the following
agreement, to wit:
This agreement made and entered
in to on this day of --- in the year
of our Lord, One Thousand Eight
Hundred and EIghty-seyen by and
between Salt Lake City, a Municipal
Corporation, organic and existing
under the laws OF the Territory of U iah,
and hereinafter design ted as Sid
City" party of the first part, and the
Salt Lake and Fort Douglas Railway
Company, Railway Corporation OF
Utah Territory, hereinafter designated
as Said Railway Company" party of
the second part, witnesseth:
That whereas, the said railway COM
pany is about to construct and operate
railway to carry passengers and
has applied to said city for right of
way over and along the west bank Of
the Jordan and Salt Lake City Canal
and for the privilege of laying tracks
and running cars sher, on, and the said
city has granted said application on
the terms and conditions following,
to-Wit:
Now, therefore, in consideration of
the sum of six thousand dollars ($6 ,000)
in hand, paid to said CITY by said rail
way company, the receipt whereof is
hereby acknowledged. and of the cove
nants and agreements made by the said
railway company, and hereinafter con-
tanned, said city has, subject to the con-
ditions and restrictions hereinafter
provided, granted, sold and extended,
and by these presents does grant, sell
and convey, unto the said railway COM
pany, so far as it has the legal right so
to do without FORGETTING, or in any way
impeiring its title to any of the prem
lses hereinafter described, or its right
to the use thereof for the purposes for
which they are now used by said city,
the right of way for the construction
and operation of two or three-railed
steam railway, on and oyer he right of
way for a canal owned by the said city,
and on and over the westerly embark
ment of said city's canal, through the
following lands. TO wit: commencing at
point on the west bank of said canal
about thirteen OBJ rods east, and
seventy two (72) rods south OF the
northwest corner of the northeast quar-
ter of section eight (S) Township enc
%, south range one ~, east Salt Lake
Meridian, in Sal: Lake CCu :ty. Utah
Territory, and running thence south
erly on and over the right of way of
said canal and on the westerly embank-
ment thereof through the east hall (1<)
of section seventeen (10 said township
and range, and thence along said C, nal
into the northeast quarter of ssc;ion
twenty (20) of said township and range
to a point about one thousand Il ,00O)
feet south of the Penitentisry road.
The right of way hereby granted is of
sufficient width to construct, maintain
and operate a railway. and for access to
and along the same with teams and men
to repair and keep the said railway in
good condition; PrOvided, that in the
construction, maintenance and opera
ton of said railway the right to and
maintenance and operation of said
canal shall in no wise be impaired or
infringed upon.
In Consideration whereof the said
railway company hereby agrees for it
self, its successors, and assigns: that
its railway shall be completed within
six months from the date of the signing
of this agreement, and shall be con-
structed at such height and grade on
the bank of said canal as not to impair
the embankment for canal purposes,
nor to in any way interfere with, in
fringe upon or impair the right of said
city to maintain, operate and control
said canal; also that it will from time to
time, as it may be needed, fill up he
grade of its road so as to repair natu al
settings and gradus degrsdations or
wear and waste, and that it will main
tain the embankment at q height suit
able for canal purposes. That should |
said embankment, where used by said |
railway company, be impaired or car
ried away by high water, floods, cloud |
bursts, or underground leakage or other
defects arising from such causes, the
same shall be repaired by said rail-
way company at its own expense;
and said railway company shall
keep the bank of said canal occupied by
it in good condition, free from weeds !,
and other distractions, and the con-
struction of said railway shall be under
the supervision of the Mayor and City
Surveyors, whose duty shall be to see
that no damage shall! be done to said
canal during the construction of said
rail way, and to locate the roadway
thereof on the most suitable place on
the banke of said canal
That in case the said city should at